Do I need an Occupancy Permit?

An Occupancy Permit is required in the following circumstances as per the Building Act 2011, section 46, 47, 48, 49, 50, 51,52 and Building Regulations 2012, regulation 4:

• Occupying a new completed building (section 46)
• Occupying an incomplete building or part of a building on a temporary basis (section 47)
• Modifying the current occupancy permit for additional use of a building on a temporary basis (section 48)
• Occupying a building or part of a building that has undergone a permanent change of use or classification (section 49)
• Strata or subdivision of a lot (section 50)
• Occupying an unauthorised building or an unauthorised part of a building (section 51)
• A replacement Occupancy Permit for a building with existing authorisation (section 52)

Existing commercial buildings and tenancies;

• For existing commercial buildings or tenancies there should be an Occupancy Permit on display in prominent location in each commercial tenancy with the correct building use and classification listed.
• Where the tenancy has been occupied prior to 2011, there should be a Certificate of Classification in place.
• If you have recently taken up a lease or are planning to, you should contact the City to find if there is an Occupancy Permit or a Certificate of Classification on file for the tenancy.
• If there is no OP in place for the building or tenancy you should apply to the City via a BA9 Occupancy Permit application once you have obtained a Certificate of Building Compliance from a private building certifier.
• A copy or details of the occupancy permit must be displayed at or near the principal entrance to the building so that it is clearly visible to occupiers and other people using the building.

Strata

If you wish to lodge a strata plan for registration or subdivide a lot in a strata scheme under the Strata Titles Act 1985, an Occupancy Permit is required via a BA9 application.

Change of classification or change of use occupancy permits

Proposing to change a building’s classification or use requires a separate Occupancy Permit in addition to an Occupancy Permit to occupy the building.

Change of use

This is where a building is proposed to be used in a different way from the use authorised by the current Occupancy Permit, but the classification remains unchanged.

Change of classification

This is where it is proposed to change the existing Building Code of Australia (BCA) classification of a building to a different classification, see below for classification descriptions.

A change of classification requires the building to comply with the current building standards relevant for the new proposed classification. This may require building work to be carried out to meet the requirements for the new classification and the submission of a Building Application.

It is recommended that a person wishing to change a building’s classification seek advice from a registered Building Surveyor; contact the City’s Building Services on 9273 6000 for a list of registered Building Surveyors or refer to the Building Commission’s website.

Building classifications

Class 1a: Single dwelling

Class 1b: Short term accommodation

Class 2: A building containing two or more sole occupancy units each being a separate dwelling

Class 3: or 4 A residential building (other than Class 1 or Class 2) located within a commercial building

Class 5: Office building including a dentist, veterinary clinic or physiotherapy rooms

Class 6: A shop or other building where goods or services are retailed directly to the public

Class 7a: Carpark building

Class 7b: A building where goods are wholesaled, such as a warehouse

Class 8: A building where a process takes place, such as a factory or workshop

Class 8a: A health-care building, such as a hospital or clinic

Class 9b: An assembly building, such as a church, childcare centre, sports hall or school

Class 9c: An aged care building

Class 10a: Non-habitable buildings such as a garage, carport or shed

Submitting a building application for an occupancy permit

If you would like to submit an application for an occupancy permit, you will need to include the following information in your application:

• A complete BA9 - Occupancy Permit application form
  • Including all owner's details, construction materials and costings
  • Signed by all owners
  • Including applicant's contact details
  • Including statement signed by applicant

BA9 application forms are available from the City's website here (link) or from the front counter of the City's Administration Centre

• A Certificate of Construction Compliance (CCC) or Certificate of Building Compliance (CBC)

This must be issued by a registered Building Surveying Practitioner and include all documentation as referenced on the Certificate of Design Compliance

• Payment of fees

Refer to the City's Fees and Charges for full fee details (link). Fee details are also available from the front counter of the City's Administration Centre.

Occupancy permit process 

Do I need a demolition permit?

Yes, a Demolition Permit is required prior to the removing or taking down of any buildings that are not exempt by section 10 of the Building Act 2011 and regulation 42 of the Building Regulations 2012.

How long does it take to get a Demolition Permit?

Under the Building Act 2011, the City has ten (10) business days to assess and make a determination on a Demolition Permit application. 

It is important to ensure that at the time of lodging your application, all relevant documentation has been provided. 

Should further information be required by the City in order to assess the application, the applicant has up to 21 calendar days to provide the additional information. If the requested information is not received within the stipulated 21 days, the City may refuse the application unless an extension of time to provide the information has been requested and granted. 

How long until my permit expires?

A Demolition Permit is generally valid for two years from the date on which it was granted.

If more time is required to complete the demolition works, you can apply for an extension of time of up to a further six months by making a formal application and paying the prescribed fee.

What happens when I have completed my demolition works?

The nominated demolition contractor on the Demolition Permit must submit a Notice of Completion BA7 form to the City within seven days of completing the prescribed demolition works.

NOTE: Failure to submit a BA7 form to the City may lead to a fine of $10,000 being imposed under section 33 of the Building Act 2011.

Submitting A Demolition Permit Application

To submit an application for demolition, you will need to include the following information in your application:

• A completed BA5 Demolition Permit Application form
  • Owner's details and signature(s);
  • Full demolition cost;
  • Demolition contractor's details and signature;
  • Applicant's details (if different from demolition contractor).

• Payment of fees
  • Refer to the Fees and Charges Schedule for full fee details.

• Construction Training Fund (CTF) levy payment
  • Copy of the payment receipt - the CTF Levy needs to be paid directly to the Construction Training Fund via their online portal.

NOTE: From 1 July 2024, the City of Vincent will not be collecting the CTF Levy on behalf of the Construction Training Fund.

• Site plan, minimum scale 1:200 showing: 
  • Location of structure(s) to be demolished;
  • Location of structure(s) to remain on the property (if partial demolition);
  • Location of any septic tanks and leach drains (if applicable).

• Proof of disconnection of utilities (electricity, gas, water, etc.)
  • Written confirmation from the contractor disconnecting the service (i.e. electrician, plumber, service provider) - the contractor should be able to provide the relevant completion certificate. 

NOTE: your demolition permit may be delayed if these documents are not provided with your application.

• Proof of rodent baiting
  • A Rodent Baiting Certificate from a licensed pest control operator that states the date, type, areas treated and amounts of rodenticide used

NOTE: The use of first generation anticoagulant rodenticides is strongly recommended to reduce secondary poisoning occurring in non-target animals such as native birds of prey.

• Copy of WorkSafe Asbestos Removal Licence (if applicable)
• Completed City of Vincent Removal of Asbestos form
• Completed Demolition Management Plan (DMP)

Dust Suppression On Demolition Sites

Dust from demolition sites can result in complaints from neighbouring residents.

In instances where dust nuisance emanating from a demolition site is substantiated, the City's authorised officers can issue either written or verbal directions to a responsible person or the demolition company on the appropriate means of dust suppression.

Authorities To Notify For Demolition Works

• Water Corporation - Phone: 13 13 85
• Western Power - Phone: 13 10 87
• Alinta Energy - Phone: 13 13 58
• WorkSafe - Phone: 1300 307 877
• Heritage Council of WA (State Heritage Office) - Phone: (08) 6551 8002

Rodenticides

Second generation anticoagulant rodenticides (SGARs) are fast becoming one of the biggest killers of native birds of prey and other predatory wildlife that feed on live or dead poisoned prey. SGARs also have a higher risk of severe poisoning for pets and other non-target wildlife.

The City strongly encourages the use of first generation anticoagulant rodenticides (FGARs) to reduce secondary poisoning in non-target wildlife.